Defining terrorism: Review of the definition of a ‘terrorist act’ in section 100.1 of the Criminal Code Act 1995
The Independent National Security Legislation Monitor (the Monitor) is reviewing the definition of a ‘terrorist act’ under section 100.1 of the Criminal Code Act 1995 (Cth) (Criminal Code). The Monitor is undertaking this review using the ‘own motion’ power in s 6(1)(a) of the Independent National Security Legislation Monitor Act 2010 (Cth) (INSLM Act).
The definition of a ‘terrorist act’ in section 100.1 of the Criminal Code is an element for a number of serious offences and enlivens a broad range of policing and other powers under Commonwealth, State and Territory laws.
The Australian definition of a ‘terrorist act’ has not changed since it was enacted in 2002 in the wake of the 9/11 attacks in the United States. The type of terrorism threat that Australia faces has changed significantly since that time, yet the definition has remained unchanged since its introduction. The volume and scope of powers and offences connected to the definition has expanded significantly since 2002. The last Commonwealth review of the definition was a 2013 review by the Council of Australian Governments.
Key Issues
The Monitor has released an Issues Paper (available from the ‘Document’ drop-down menu below) to explore key issues being considered in the review, including:
- the effectiveness and implications of the definition;
- whether the legislation contains appropriate safeguards for protecting the rights of individuals;
- if the definition, when considered in light of the offences and powers it enlivens, remains necessary and proportionate to the current threat of terrorism;
- whether the definition is consistent with Australia’s international obligations, including various counter-terrorism resolutions and agreements and current international ‘best practice’.
Submitters are welcome to raise other issues associated with the operation, effectiveness and necessity of the definition, as well as the safeguards for protecting individual rights and compliance with Australia’s international obligations.
Submissions
The Monitor welcomes submissions from groups, organisations, agencies and individuals to this review. Submissions are now open until close of business on Tuesday 14 October 2025. Please send submissions to DefiningTerrorism@inslm.gov.au.
Documents
Research
Issues paper
Review Process
The Monitor and INSLM staff have already had a number of meetings, including with government agencies, civil society groups, industry groups and academics – and will continue to do so throughout the review. The Monitor intends to hold public hearings. Some private hearings with government agencies and roundtable meetings may also be held.
Additional resources including research papers will be published on the INSLM website as they become available. Once enough information has been gathered and analysed the Monitor will prepare a report for the Attorney-General. This report will be tabled in the Commonwealth Parliament.